Chapter 07. Procedures for Abating Lead Containing Substances from Buildings
Regulation .01 Scope.LinkCopy Citation
These regulations establish appropriate techniques for abatement of lead-containing substances from interior and certain exterior areas in group day care centers, in all residential property including owner-occupied residential property, and in buildings appurtenant to group day care centers and residential properties.
Regulation .02 Definitions.LinkCopy Citation
A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abate” or “abatement” means the elimination of exposure to lead-based substances that may result in lead toxicity or poisoning, by the removal or encapsulation of lead-containing substances, by thorough cleanup procedures, and by post-cleanup treatment of surfaces.
(2)
“Business entity” means a partnership, firm, association, corporation, sole proprietorship, or other business unit and any employee of it.
(3)
“Child” means a person under the age of 6.
(4)
“Contractor” means any business entity, public unit, or person performing the actual abatement for a lead abatement project.
(5)
“Department” means the Maryland Department of the Environment.
(6)
“Encapsulate” or “encapsulation” means to resurface or cover surfaces and to seal or caulk seams with durable material, so as to prevent or control chalking, flaking lead-containing substances from becoming part of house dust or accessible to children.
(7)
“HEPA” or “high efficiency particle air” means a filter capable of filtering out particles of 0.3 microns or greater from a body of air at 99.97 percent efficiency or greater.
(8)
“Lead abatement project” means any work performed in order to abate the presence of a lead-containing substance.
(9)
“Lead-containing substance” means any paint, plaster or other surface coating material containing more than 0.50 percent lead by weight calculated as lead metal in the dried solid, or more than 0.7 milligrams per square centimeter by the X-ray fluorescence analyzer.
(10)
“Owner” means a person, firm, corporation, guardian, conservator, receiver, trustee, executor, or other judicial officer, who, alone or jointly or severally with others, owns, holds, or controls the whole or any part of the freehold or leasehold title to any property, with or without accompanying actual possession of it, and shall include in addition to the holder of legal title, any vendee in possession of it, but may not include a mortgagee or an owner of a reversionary interest under a ground rent lease.
(11)
“Public unit” means:
(a)
Any agency, bureau, department, or instrumentality of State government;
(b)
Any agency, bureau, department, or instrumentality of federal or local government;
(c)
Any public, quasi-public, or municipal corporation.
(12)
“Quantitation limit” means the minimum quantity or level of lead that can reliably be measured or quantified to a specified degree of accuracy and precision.
(13)
“Woodwork” means all wooden or metal interior or exterior fittings or ornamentation, such as moldings, doors, staircases, and window sashes and trim.
(14)
Work Area.
(a)
“Interior work area” means a hallway, room or group of rooms in which abatement takes place on the inside of a residential property, or group day care center.
(b)
“Exterior work area” means an outdoor porch, stairway, or other element of woodwork on the exterior of a residential property, a group day care center, or a building appurtenant to a residential property or group day care center, on which abatement takes place.
Regulation .03 Methods of Abatement.LinkCopy Citation
A.
A person performing abatement of lead-containing substances may not use the following methods:
(1)
Open flame burning;
(2)
Dry sanding, except as allowed in §B(2);
(3)
Open abrasive blasting, except as allowed in §B(2);
(4)
Uncontained hydro-blasting;
(5)
Methylene chloride for interior use except that methylene chloride may be used in interior work areas for localized touch-up; or
(6)
Dry scraping; or
(7)
Heat gun operating at or above 1,100°F.
B.
A person performing abatement of lead-containing substances shall only use the following methods:
(1)
Replacement. Any component part of a building may be abated by replacement with a part free of lead-containing substances.
(2)
Removal.
(a)
Unless replaced encapsulated, or reversed, woodwork and floors may only be abated by using the following techniques:
(i)
Offsite chemical stripping;
(ii)
Heat gun operating below 1,100°F;
(iii)
Non-flammable chemical strippers which do not contain methylene chloride, except that chemical strippers containing methylene chloride may be used for localized touch-up;
(iv)
Sander equipped with HEPA vacuum;
(v)
Vacuum-blasting in exterior work areas only; or
(vi)
Contained hydro-blasting in exterior work areas only.
(b)
Unless replaced or encapsulated, walls or ceilings may only be abated by using the following techniques:
(i)
Wet-scraping of loose material if scraping is followed by encapsulation;
(ii)
Vacuum-blasting in exterior work areas only; or
(iii)
Contained hydro-blasting in exterior work areas only.
(3)
Encapsulation.
(a)
A wall or ceiling surface may be abated by encapsulation using only the following materials:
(i)
Gypsum board;
(ii)
Fiberglass mats;
(iii)
Canvas backed vinyl wall coverings;
(iv)
Formica;
(v)
Tile;
(vi)
Paneling; or
(vii)
Other durable material that does not readily tear, chip, or peel.
(b)
A floor surface may be abated by encapsulation using only the following materials:
(i)
Tile;
(ii)
Vinyl flooring;
(iii)
Wood; or
(iv)
Stone.
(c)
A woodwork surface may be abated by encapsulation using only the following materials:
(i)
Plastic;
(ii)
Metal; or
(iii)
Wood.
(4)
Reversal. A woodwork surface may be abated by reversal of its component parts so long as no lead-containing surface remains exposed at the completion of the process, and all seams are caulked and sealed.
(5)
Windows Generally. Windows, when abated, shall be completely treated, including inside, outside and sides of sashes. Window frames shall be abated to the outside edge of the frame, including slides, sash guides and window wells.
C.
Alternative Procedures.
(1)
The Department may, on a case-by-case basis, allow an alternative procedure for abatement of a lead paint hazard, provided that the owner or contractor who uses this procedure shall submit a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides the equivalent control and removal.
(2)
In all cases in which the Department allows the use of an alternative procedure under §C(1), the owner and resident shall, for a 1-year period after completion of the lead abatement project, permit the Department to enter the area where the abatement occurred in order to inspect the property for the purpose of determining the effectiveness and durability of the allowed alternative procedure. Before conducting such an inspection the Department shall give written notice to the owner and resident of the property.
Regulation .04 Personal Protection.LinkCopy Citation
A.
A business entity or public unit shall ensure that its employees are protected in accordance with all applicable federal, state, and local standards, in particular those set forth in the Maryland Occupational Safety and Health (MOSH) regulations governing Occupational Exposure to Lead in Construction (COMAR 09.12.32).
B.
All persons not covered by COMAR 09.12.32 and working on a lead abatement project shall, when present in the work site, wear disposable clothing, shoe covers and, if a heat gun or sander equipped with HEPA vacuum is being used for abatement, a half-mask air purifying respirator equipped with high efficiency filters.
Regulation .05 Control of Access.LinkCopy Citation
A.
Except as provided in §D of this regulation, a person or pet may not enter or remain in the work area of a group day care center, residential property, or building appurtenant to a group day care center or residential property, until the Department determines that the lead abatement project has been completed in a satisfactory manner under Regulation .12J, unless that person is:
(1)
The owner of the building or the owner's designee;
(2)
The contractor engaged for the lead abatement project and his employees;
(3)
A State, county, or local enforcement official or his designee;
(4)
An inspector who represents a lender with a security interest in the building which is being abated; or
(5)
A federal, State, or local official, or his designee, engaged in research on lead buildings.
B.
Exemption. If a renovation process is not reasonably expected to break or disturb any lead based substance, then the requirements of §A do not apply.
C.
Except as provided in §D, all persons entering a work area during a lead abatement project which involves the removal of lead paint shall wear:
(1)
Disposable shoe covers which shall be removed when leaving the work area; and
(2)
A half-mask air purifying respirator equipped with high efficiency filters during or after the use of a heat-gun or sander equipped with HEPA vacuum.
D.
Multiple Family Dwellings. At all times when a lead abatement project is being conducted in a common area of a dwelling occupied by three or more households:
(1)
Residents and pets shall use alternative entrances and exits which do not require passage through the work area, if such an entrance and exit exists;
(2)
The contractor shall use all reasonable efforts to create an uncontaminated passage for entrance and egress of all building occupants; and
(3)
If the entrance and egress to a building can only be through the work area, abatement in common areas shall be conducted between the hours of 9 a.m. to 3 p.m. only, and the work area shall be cleaned with a HEPA vacuum at the end of each working day until all surfaces are free of visible dust and debris.
Regulation .06 Removable Objects.LinkCopy Citation
A.
Except in an emergency, at least 7 days, but not more than 30 days before a contractor may commence a lead abatement project, the owner of the building where the lead abatement project is to take place shall notify all residents of:
(1)
The area which is to be abated;
(2)
The date abatement is to commence; and
(3)
The residents' obligation under §B to place all personal items in a box or other closed, easily handled container.
B.
Every resident of an area, which is to be abated, who has received a notice under §A, shall be responsible for placing all personal items in boxes or other closed, easily handled containers, and shall pay the reasonable costs of packing and storage of any loose personal items remaining in the work area at the time designated for commencement of abatement in the notice issued under §A.
C.
Before a contractor may commence a lead abatement project, the owner of the building where the lead abatement project is to take place shall remove all furniture and packed personal items from the work area and store them in a secure place.
Regulation .07 Control of Emissions and Dust.LinkCopy Citation
A.
Caution Signs.
(1)
At each separate work area, the contractor performing an abatement shall display a caution sign in the following manner wherever the treatment process is reasonably expected to break or disturb any lead-containing substances:
(a)
At least 3 days before removing or encapsulating lead paint, the contractor shall post signs immediately outside all entrances and exits to the area except that, in emergency situations, posting shall be done as soon as possible;
(b)
The contractor shall keep the signs posted until the Department issues the written notice of completion and compliance under Regulation .12J; and
(c)
The contractor shall ensure that the sign required by §A(1) meets the following description:
(i)
The sign is at least 20" by 14", and states the date and place of the lead abatement project,
(ii)
Except as provided in §A(1)(c)(iii), the sign includes the phrase “Caution Lead Hazard, Keep Out” in bold lettering at least 2 inches high, and
(iii)
In dwellings occupied by 3 or more households where common areas are to be abated the sign includes the phrase “Caution Lead Hazard, Do Not Remain in Work Area Unless Authorized” in bold lettering at least 2 inches high.
(2)
Multiple Family Dwellings.
(a)
In dwellings occupied by three or more households, where common areas are to be abated, the contractor shall post a notice meeting the description in §A(2)(b) on the door of each apartment in the building at least 3 days before a lead abatement project commences.
(b)
The notice required in §A(2)(a) shall contain:
(i)
The date of commencement of abatement and the area to be abated; and
(ii)
The statement “Please observe caution signs, instruct children not to remain in work area.”
B.
Containment.
(1)
Interior Containment. Before beginning to abate a lead-containing substance in an interior work area, the contractor performing an abatement shall:
(a)
Check to make sure that all movable objects have been removed from the work area as required by Regulation .06;
(b)
If the work area is a room or group of rooms within a building, seal the work area from all other portions of the building with plastic sheeting at least 6 mils thick, waterproof tape, and industrial staples;
(c)
Seal opening seams of all kitchen cabinets and refrigerators individually with tape;
(d)
Cover all non-movable objects, such as radiators, refrigerators, stoves, kitchen cabinets, built in furniture, and bookcases, with plastic sheeting at least 6 mils thick taped securely in place;
(e)
Cover floors in the work area with plastic sheeting at least 6 mils thick sealed with tape and staples;
(f)
Shut down all forced air ventilation in the work area and seal exhaust and intake points in the work area; and
(g)
Remove for professional cleaning, or replace, all carpeting present before abatement.
(2)
Exterior Containment. Before beginning to abate a lead-containing substance in an exterior work area, the contractor performing the abatement shall use the following procedures:
(a)
Liquid Waste Produced by Abatement Technique.
(i)
For all situations, when liquid waste is produced by any abatement technique is used, the contractor shall place plastic sheeting at least 6 mil thick on the ground as close as possible to the building foundation, or on the floor when applicable.
(ii)
When sheeting is placed on the ground, it shall be raised at its edge and extend a sufficient distance to contain the liquid waste. Plastic sheeting may not be required to extend beyond the edge of the nearest sidewalk.
(iii)
When sheeting is placed on an exterior floor, it shall cover the entire exterior floor.
(b)
Non-liquid Waste Produced by Abatement Technique.
(i)
For all situations, when non-liquid waste is produced by any abatement technique used, the contractor shall place plastic sheeting at least 6 mils thick on the ground as close as possible to the foundation, or on the floor when applicable.
(ii)
When sheeting is placed on the ground, it shall extend out from the foundation 3 feet per story being abated, with a minimum of 5 feet and a maximum of 20 feet. Plastic may not be required to extend beyond the edge of the nearest sidewalk.
(iii)
When sheeting is placed on an exterior floor, it shall cover the entire exterior floor.
(iv)
The contractor shall weight the sheeting at the foundations, and along all edges and seams.
(v)
If the constant wind speed is over 15 mph, exterior abatement producing dry waste may not be performed unless vertical shrouds are erected.
(3)
For all sealing and covering the contractor shall use:
(a)
Plastic sheeting, at least 6 mils thick or equivalent;
(b)
Duct tape or equivalent waterproof tape;
(c)
Staples of industrial size; and
(d)
Other additional appropriate work practices to contain particulate lead or lead containing liquids.
(4)
Exception. A surface or object may not be covered or sealed while that surface itself is actively being abated.
(5)
Alternative Procedures. The Department may, on a case-by-case basis, allow an alternative procedure for containment of lead within a work area, provided that the owner or contractor who uses this procedure shall submit a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides the equivalent containment.
Regulation .08 Cleanup of Work Area.LinkCopy Citation
A.
Interior Cleanup. After completion of the removal, replacement, encapsulation, or reversal involved in an abatement project, the contractor shall:
(1)
Deposit all lead waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing in double plastic bags of at least 4 mils thick, or single bags 6 mils thick, and seal the bags;
(2)
Before washing as required in §A(3), vacuum-clean all surfaces in the work area including woodwork, walls, windows, window wells, and floors with a HEPA vacuum;
(3)
After vacuum-cleaning as required in §A(2), wet wash all surfaces in the work area including woodwork, walls, windows, window wells, ceilings and floors with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water; and
(4)
After washing as required by §A(3), vacuum-clean all surfaces, after they have dried, as described in §A(2), with a HEPA vacuum until no visible residue remains.
B.
Exterior Cleanup. After completion of the replacement, removal, encapsulation, or reversal involved in an exterior abatement project, the contractor shall:
(1)
Recover all visible debris from all exterior areas;
(2)
Vacuum all porches treated;
(3)
Wet wash all surfaces in the work area, including woodwork, windows, window wells, and floors with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water.
C.
Except as provided in §F, after the cleaning outlined in §§A and B, after a satisfactory inspection under Regulation .12B, every contractor shall repaint with a paint containing not more than 0.06 percent lead in the dried solid, or recoat all surfaces treated, except those encapsulated surfaces which have smooth easily cleanable factory-finished surfaces.
D.
Before repainting or recoating under §C, each contractor shall notify the Department that the cleanup required under §§A and B is completed, and shall undergo any inspection required by Regulation .12B.
E.
After painting or coating as required under §C, the contractor shall repeat the cleaning process set forth in §A in all interior work areas.
F.
After completion of the cleaning required under §E, the contractor shall seal all floors in interior work areas with:
(1)
Polyurethane;
(2)
Gloss deck enamel;
(3)
A tight fitting vinyl floor covering; or
(4)
An equivalent impermeable material, if a smooth, cleanable surface is not already present.
G.
In owner-occupied dwellings in which a lead abatement project is being done by the owner and not by a hired contractor, after completion of the replacement, removal, encapsulation, or reversal involved in a lead abatement project, the owner may, instead of following the cleanup procedures set forth in §A:
(1)
Deposit all waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing, in double plastic bags at least 4 mils thick, or single plastic bags at least 6 mils thick, and seal the bags;
(2)
Wet wash all surfaces in the work area, including woodwork, walls, windows, window wells, and floors with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water, twice, and
(3)
Wet vacuum-clean all surfaces in the work area, including woodwork, walls, windows, window wells, and floors while surfaces are still wet.
H.
Alternative Procedures. The Department may on a case-by-case basis allow an alternative procedure for cleanup of a lead abatement project, provided that the owner or contractor who uses this procedure shall submit to the Department a written description of the alternative procedure which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides the equivalent degree of dust removal.
Regulation .09 Waste Disposal.LinkCopy Citation
A.
Each owner or contractor engaged in a lead abatement project shall:
(1)
Remove lead waste from the site of a lead abatement project not later than 48 hours after completing the cleanup; and
(2)
Comply with applicable hazardous waste regulations.
B.
Transport and Disposal. Each owner and contractor engaged in a lead abatement project shall transport and dispose of lead waste in a manner to prevent lead from becoming airborne.
Regulation .10 Records.LinkCopy Citation
A.
Each business entity and public unit shall make a record of the following information for every lead abatement project which it performs:
(1)
Name and address of the contractor responsible for the project;
(2)
The location and description of the project, and location of lead-based substances within the work area which was abated;
(3)
Starting and completion dates of the lead abatement project; and
(4)
Summary of abatement techniques used to comply with Regulations .04—.08 of this chapter.
B.
Each business entity and public unit shall:
(1)
Retain the record required to be made under §A of this regulation for 6 years from the date of the completion of the lead abatement project; and
(2)
Make this record available to the Department upon request.
C.
This regulation does not apply to owner-occupied dwellings in which abatement is being done by the owner.
Regulation .11 Repealed.LinkCopy Citation
Regulation .12 Procedures for Determining Compliance.LinkCopy Citation
A.
The Department may inspect a work area at any time during a lead abatement project to determine compliance with this regulation.
B.
After receipt of notice of completed cleanup required by Regulation .08D the Department shall, within 24 hours, notify the contractor or owner of the time and date on which an initial inspection will take place, if one is to be made. If the contractor or owner is not reachable by telephone, notice shall be sent by first class mail. Any inspection performed under this subsection shall be completed within 2 working days of giving telephone notice to the contractor or owner. Notice by mail will require an additional 5 working days for completion of the inspection.
C.
The inspection performed under §B shall be a visual inspection to determine whether surfaces requiring abatement have been abated.
D.
The inspector shall immediately notify the contractor or owner, if either is present, of the results of the inspection under §B, and shall point out and describe any areas with inadequate treatment. If the contractor or owner is not present during the inspection under §B, the inspector shall notify the contractor and owner of the results of the inspection, and shall include the locations and characteristics of surfaces with inadequate treatment, by letter mailed within 24 hours of the inspection, by first class mail.
E.
Before repainting or recoating under Regulation .08C, the contractor shall receive notice of:
(1)
A satisfactory inspection under §B; or
(2)
The decision not to conduct an inspection under §B.
F.
Upon completion of all requirements of Regulations .08 and .09, a contractor shall notify the Department of readiness for final inspection.
G.
Within 24 hours of receipt of notice under §F, the Department shall notify the contractor or owner of the time and date on which an inspection will take place, if one is to be made. If the contractor or owner is not reachable by telephone, notice shall be sent by first class mail. Any inspection performed under this section shall be completed within 2 working days of giving this notice to the contractor and owner. Notice by mail will require an additional 5 working days for completion of the inspection.
H.
Every inspection performed under §G shall include at least:
(1)
Dust sampling to be followed by analysis in accordance with §I; and
(2)
Visual inspection.
I.
The Department shall submit a dust sample collected under §H of this regulation for extractable lead analysis to a laboratory:
(1)
Recognized by the U.S. Environmental Protection Agency under 15 U.S.C. §2685(b) as accredited under the National Lead Laboratory Accreditation Program; and
(2)
That demonstrates it can achieve a quantitation limit equal to or less than 50 percent of the lowest lead dust level specified in §K(1) of this regulation.
J.
The Department shall notify the owner and the contractor in writing, sent by first class mail, of the results of the final inspection within 24 hours of receiving the results of lead dust analysis conducted under §I. If the results of the lead dust analysis conducted under §I do not meet the standards set out in §K, the contractor shall perform a further cleanup as described in Regulation .08H. If results of the lead dust analysis meet the standards set out in §K, the Departmental notice shall state that the lead abatement project has been completed and complies with the standards set out in §K. A statement of completion and compliance may not preclude the Department from taking any future enforcement action against the same group day care center, residential property, or building appurtenant to a group day care center or residential property.
K.
The Department shall consider a lead abatement project to be in compliance with this chapter if:
(1)
Floor lead dust levels are less than 10 micrograms per square foot;
(2)
Window sill lead dust levels are less than 100 micrograms per square foot;
(3)
Window well lead dust levels are less than 100 micrograms per square foot; and
(4)
All abated surfaces and all floors have been treated to provide smooth and easily cleanable surfaces.
L.
This regulation does not apply to abatement projects conducted in owner-occupied dwellings by the owner, unless the abatement is ordered by the Department, a local government unit, or a court of competent jurisdiction.
Regulation .13 Liability of Department.LinkCopy Citation
The issuance of a statement of completion and compliance under Regulation .12J by the Department to an owner or contractor does not subject the Department to any claims for liability if the issuance of the statement was made in good faith.
Regulation .14 Enforcement.LinkCopy Citation
A person who violates any provision of this chapter shall be subject to all equitable, legal and administrative remedies set forth in Environment Article, §§7-258—7-268 inclusive, Annotated Code of Maryland.
Chapter annotations
Authority: Environment Article, §§1-404 and 7-206—7-208, Annotated Code of Maryland
History: Effective date: August 8, 1988 (15:16 Md. R. 1918)
History: Regulation .02B amended effective July 1, 2020 (476:13 Md. R. 643)
History: Regulation .03A, B amended effective December 20, 2004 (31:25 Md. R. 1792)
History: Regulation .11 repealed effective May 20, 1996 (23:10 Md. R. 734)
History: Regulation .12I amended effective June 29, 2020 (476:13 Md. R. 643)
History: Regulation .12K amended effective February 17, 2003 (30:3 Md. R. 182); July 1, 2020 (476:13 Md. R. 643)